An Act To amend the Immigration and Nationality Act to include aliens passing in transit through the United States to board a vessel on which the alien will perform ship-to-ship liquid cargo transfer operations within a class of nonimmigrant aliens, and for other purposes.

Jan. 5, 2023

[S. 5168]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

Energy Security and Lightering Independence Act of 2022.

8 USC 1101 note.

SECTION 1. SHORT TITLE. This Act may be cited as the “Energy Security and Lightering Independence Act of 2022”.

SEC. 2. CHANGES IN NONIMMIGRANT CATEGORIES.(a) Transit Through United States.—Section 101(a)(15)(C) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(C)) is amended to read as follows:“(C)(i)

Time periods.

an alien in immediate and continuous transit through the United States, for a period not to exceed 29 days; “(ii) an alien who qualifies as a person entitled to pass in transit to and from the United Nations Headquarters District (as defined in section 209A(e) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 4309a(e))) and foreign countries, under the provisions of paragraphs (3), (4), and (5) of section 11 of the Agreement regarding the Headquarters of the United Nations, done at Lake Success June 26, 1947 (61 Stat. 758); or “(iii) an alien passing in transit through the United States to board a vessel on which the alien will perform, or to disembark from a vessel on which the alien performed, ship-to-ship liquid cargo transfer operations to or from another vessel engaged in foreign trade, for a period not to exceed 180 days;” . (b) Alien Crewmen.—Section 101(a)(15)(D) of such Act (8 U.S.C. 1101(a)(15)(D)) is amended—(1) in clause (ii), by adding “or” at the end; and (2) by adding at the end the following:“(iii)

Time period.

an alien crewman performing ship-to-ship liquid cargo transfer operations to or from another vessel engaged in foreign trade, who intends to land temporarily solely in pursuit of the alien’s responsibilities as a crewman and to depart from the United States on the vessel on which the alien arrived or on another vessel or aircraft, for a period not to exceed 180 days;” .136 STAT. 6293

SEC. 3. CONDITIONAL PERMITS TO LAND TEMPORARILY. Section 252(a) of the Immigration and Nationality Act (8 U.S.C. 1282(a)) is amended—(1) in paragraph (1), by striking “or” at the end; (2) in paragraph (2), by striking the period at the end and inserting “; or”; and (3) by adding at the end the following:“(3)

Determination.

180 days, if the immigration officer determines that the crewman—“(A) intends to depart, within the period for which the crewman is permitted to land, on the same vessel or on a vessel or aircraft other than the vessel on which the crewman arrived; and “(B) will perform ship-to-ship liquid cargo transfer operations to or from any other vessel engaged in foreign trade during such period.” .

SEC. 4.

8 USC 1101 note.

RULE OF CONSTRUCTION. For purposes of this Act, and the amendments made by this Act, the performance by a crewman of ship-to-ship liquid cargo transfer operations to or from any other vessel engaged in foreign trade shall not be considered, for immigration purposes, to be services, work, labor or employment by the crewman within the United States.

Approved January 5, 2023.